Terms of Use

Please read these Terms of Use, fully and carefully before filing out the attached PatientApplication Form and providing us with your photo and confidential information. These Termsof Use set forth the legally binding terms and conditions for you to potentially receive medicalservices from us.

1. Acceptance of Terms. 

a. By registering for and/or using our services in any manner, including but not limited todownloading and/or using our application, you agree to these Terms of Use and all otheroperating rules, policies and procedures that may be published from time to time on or withinThe Hope For Tomorrow Foundation, each of which is incorporated by reference and each ofwhich may be updated from time to time without notice to you.

b. These Terms of Use apply to all users of The Hope For Tomorrow Foundation, including,
without limitation, users who are contributors of content, information, and other materials orservices, registered or otherwise.

2. Modification. We reserve the right, at our sole discretion, to modify or replace any of theseTerms of Use. Please check our Terms of Use periodically for changes. Your use of ourservices constitutes acceptance of those changes.

3. Eligibility. 

a. You represent and warrant that you are at least 21 years of age. If you are under age 21,
you may not, under any circumstances, use our services without the written authorization of theguardian or parent. 

b. You must provide accurate information, including medical records, on the application. Youare responsible for updating the accuracy of the information that you provide to us to beassociated with your Application.

c. You must not have any medical insurance or finances in order to pay for the medicalprocedures, consult or surgery.

4. Content.

a. Definition. For purposes of these Terms of Use, the term "Content" includes, withoutlimitation, URLs, curated URLs, content, videos, audio clips, written posts and comments,
information, data, text, web pages, images, software, scripts, graphics, and interactive featuresgenerated, provided, or otherwise made accessible on or to The Hope For TomorrowFoundation.

b. User Content. All Content added, created, uploaded, curated, submitted, distributed, orposted to The Hope For Tomorrow Foundation by you, whether publicly posted or privatelytransmitted (collectively "User Content"), is the sole ownership of The Hope For TomorrowFoundation. 

5. Use License. Any materials submitted by you, including, without limitation, photographs,
images, texts, graphics and other materials or information (collectively, "User SubmittedMaterials") are subject to the following terms and conditions: you grant The Hope For TomorrowFoundation or our designees a worldwide, exclusive, perpetual irrevocable right and license,
with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multipletiers), create derivative works of and publicly display such User Submitted Materials royalty-
free, transferable license to use, download, store, display and print the Content, createderivative works of and publicly display such User Submitted Materials solely for personal,
commercial use as deemed necessary by The Hope For Tomorrow Foundation. 

Applicant’s signature: _____________________________


6. License to Us. By submitting information to The Hope For Tomorrow Foundation, youhereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, license andtransferable license to use, edit, modify, reproduce, distribute, prepare derivative works of,
transmit, stream, display, perform, and otherwise fully exploit the user content in connectionwith us and our (and its successors and assigns') business, including without limitation forpromoting and redistributing part or all of The Hope For Tomorrow Foundation, and derivativeworks thereof, and in any media formats and through any media channels (including, withoutlimitation, party websites and feeds).

7. Governing Law and Jurisdiction. These Terms of Use shall be governed by andconstrued in accordance with the laws of New York including its conflicts of law rules. Youagree that any dispute arising from or relating to the subject matter of these Terms of Use shallbe governed by the exclusive jurisdiction and venue of the state courts of Erie County, NewYork.

8. Entire Agreement and Severability. These Terms of Use are the entire agreementbetween you and us with respect to The Hope For Tomorrow Foundation, and supersede allprior or contemporaneous communications and proposals (whether oral, written or electronic)
between you and us with respect to The Hope For Tomorrow Foundation. 

9. Assignment. These Terms of Use are personal to you, and are not assignable,
transferable or sublicensable by you except with our prior written consent. We may assign,
transfer or delegate any of its rights and obligations hereunder without consent.

10. Agency. No agency, partnership, joint venture, or employment relationship is created as aresult of these Terms of Use and neither party has any authority of any kind to bind the other inany respect.

11. Indemnification. You agree to indemnify and hold us, our directors, officers, employees,
shareholders, contractors, agents, representatives, affiliates, and third party users harmlessfrom and against any and all claims, causes of action, liabilities, damages, losses, expensesand costs (including, without limitation, attorney fees) that arise directly or indirectly out of orfrom: (i) your violation of these Terms of Use, any other agreement or terms of use with us, anyrepresentation or warranty contained herein or therein or any applicable law; (ii) your UserSubmitted Materials; (iii) your activities in connection with obtaining any products or servicesfrom us. 

12. PHOTOS. By submitting an application form and pictures to The Hope For TomorrowFoundation, you are consenting that the photos will become part of your medical chart with TheHope For Tomorrow Foundation. These photos, along with follow-up photos taken by us maybe used by us, in our sole discretion, for medical research, education, science and increasingawareness of the work of The Hope For Tomorrow Foundation and its financial support. Theaforementioned photographs relating to your case may be published and republished eitherseparately or in connection with each other in professional journals or medical books, or usedon The Hope For Tomorrow Foundation website and/or printed brochures for any purpose thatThe Hope for Tomorrow Foundation deems proper in the interest of medical education,
research or knowledge and increasing awareness of the work of The Hope For TomorrowFoundation and its financial support.

13. Contact. You may contact us: by mail at Hope For Tomorrow Foundation, PO Box 187, Williamsville, NY 14231 or by e-mail at bps811@aol.com.

Applicant’s signature: _____________________________